Tort Meaning Essentials By Assistant Professor Shri Shivaji

Tort: Meaning & Essentials By Assistant Professor Shri Shivaji Law College, Parbhani, Maharashtra contact: waseemikhan 03@gmail. com

Introduction O The word tort is of French origin and is equivalent of the English word wrong. O It is derived from the Latin word tortum, which means twisted or crooked. O It implies conduct that is twisted or crooked. O A person who commits a tort is known as a tortfeaser, or a wrongdoer. O His wrongful act is called a tortious act.

Meaning of Tort O Encyclopedia of the laws of England states that what we now understand by a tort is a breach of some duty between citizens defines by the general Law, which creates a civil cause of action. O Tort is commonly used to mean a breach of duty amounting to a civil wrong. O At a general level, tort is concerned with allocation of responsibility for losses, which are bound to occur in society.

Definition. O Salmond- It is a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a trust or other merely equitable obligation. O Winfield “Tortuous liability arises from the breach of a duty primarily fixed by law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages. ” O Fraser: A tort is an infringement of a legal right in rem of a private individual, giving a right of compensation of the suit of the injured party.

Objectives of Law of Torts O To determine the rights between parties to dispute. O To protect certain rights recognized by law. O To prevent the continuation or repetition of a harm. O To restore the property to its rightful owner.

Essentials of tort O When a person commits a tort, thereby another person suffers damage or injury, the injured party can resort to a remedy by instituting a civil action. O Injured party is called plaintiff. O Wrongdoer is called defendant. O The plaintiff to be successful in his action against the defendant, has to prove the following condition.

Essentials of tort continues… A. Wrongful Act. O To constitute tort, there must be a wrongful act committed by the defendant. O Wrongful act denotes the commission of an act as well as omission to do an act. O Wrongful act or omission must be recognized by the law, if there is moral or religious wrong the liability will not occur. O If the act is done under some lawful excuse is not the breach of duty.

Essentials of tort continues… A. Wrongful Act. O Example. O Erection of wall

Essentials of tort continues… A. Wrongful Act. O Example. O Keep the Dog Escape.

Essentials of tort continues… A. Wrongful Act. O Example. O Trespass

Essentials of tort continues… A. Wrongful Act. O Example. O Defamatory Statement.

Essentials of tort continues… A. Wrongful Act. O Example. O Drive car in excessive speed.

Essentials of tort continues… B. Legal Damage O To constitute tort, there must exist ‘injuria’ which means infringement or violation of legal right. O The real significance of legal damage is illustrated by two maxims namely: Injuria sine damno and Damnum sine injuria

Essentials of tort continues… 1. Injuria Sine Damnum – O Injuria means violation of legal right O Sine means without or in absence of O Damnum means damage or loss physical or mental O In such a case, the suit is maintainable even though the plaintiff suffers no damages.

Essentials of tort continues… Case laws Ashby v. White Voter Returning Officer

Essentials of tort continues… Bhim Singh v. State of J & K MLA Arrested Assembly Session

Essentials of tort continues… Marzetti v. Williams Cheque Bank Officer Muncipal Board of Agra v. Asharfi Lal

Essentials of tort continues… 2. Damnum sine Injuria O In cases of damnum sine injuria, i. e. , actual and substantial loss without infringement of any legal right, no action lies. O Mere loss in money or money’s worth does not of itself constitute a tort.

Essentials of tort continues… Case Laws Gloucester Grammar School Case

Essentials of tort continues… Bradford Corporation v. Pickles

Essentials of tort continues… Town Area Committee v. Prabhudayal O The plaintiff constructed some shops without giving notice to municipal body and without obtaining prior sanction O The defendants demolished these shops.

Essentials of tort continues… C. Legal Remedy – O The law of torts is said to be a development of the maxim ‘ubi jus ibi remedium’. O Meaning of this maxim is where there is a right there is remedy.

Distinction bet’n a Tort & Crime 1. 2. 3. 4. 5. Tort Violation of private right. Civil action is brought by the party himself. Private wrong. Wrongdoer has to pay damages. Amount of compensation goes to injured party. 1. 2. 3. 4. 5. Crime Violation of public right. Action is conducted in the name of State. Public wrong. Wrongdoer is punished by state. Amount of fine goes to the Government.

Distinction bet’n a Tort & Crime Tort 6. Tort is a Judge made Law. 7. Nature of remedy is light in the form of Damages. Crime 6. Crime are defined and codified. 7. Punishment is heavy and serious from death to fine.

Distinction bet’n a Tort & Contract Tort 1. 2. 3. 4. 5. Duty fixed by the law. Duty towards every person of the society. Tort is committed without consent. Violation of Right in rem. Unliquidated Damages. 1. 2. 3. 4. 5. Contract Duty fixed by the parties. Duty is towards a specific person. Based on the consent of the parties. Violation of right in personam. Liquidated Damages.

Distinction bet’n a Tort & Crime Tort 6. Judge made Law. 7. Person injured may be entitled for such damages which he has not actually suffered. Contract 6. It is codified. 7. The party is entitled only for actual damages.